Results for 'sex offence'

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  1. Justice Perverted: Sex Offense Law, Psychology, and Public Policy.Charles Patrick Ewing - 2011 - Oxford University Press USA.
    Over the past quarter century Congress, state legislatures and the courts have radically reshaped America's laws dealing with sex offenders in an effort to reduce the prevalence of sex offenses. Most convicted sex offenders must now register with the authorities, who then make information about them available to the public. Possession of child pornography has been made an extremely serious crime often punishable by prison sentences that dwarf those meted out to child molesters, rapists, robbers, and even killers. Federal law (...)
     
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  2.  67
    Monks Who Have Sex: Pārājika Penance in Indian Buddhist Monasticisms. [REVIEW]Shayne Clarke - 2009 - Journal of Indian Philosophy 37 (1):1-43.
    In the study of Buddhism it is commonly accepted that a monk or nun who commits a pārājika offence is permanently and irrevocably expelled from the Buddhist monastic order. This view is based primarily on readings of the Pāli Vinaya. With the exception of the Pāli Vinaya, however, all other extant Buddhist monastic law codes (Dharmaguptaka, Mahāsāṅghika, Mahīśāsaka, Sarvāstivāda and Mūlasarvāstivāda) contain detailed provisions for monks and nuns who commit pārājikas but nevertheless wish to remain within the saṅgha. These (...)
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  3. The Lexicon of Offense: The Meanings of Torture, Porn, and ‘Torture Porn”.Steve Jones - 2012 - In Feona Attwood, Ian Hunter, Vincent Campbell & Sharon Lockyear (eds.), Controversial Images: Media Representations on the Edge. Palgrave-Macmillan. pp. 186-200.
    Torture porn has been vilified on grounds that are at best unconvincing and at worst incoherent. The subgenre’s remonstrators too often ignore the content of the films themselves, and fail to make sufficiently detailed connections between the subgenre and the cultural sphere. Reactions to torture porn rarely consider what values the films apparently contravene, and why, if the films are offensive, they are simultaneously so popular. The central derisive mechanism in operation is the ill-conceived combination of ‘torture’ and ‘porn’ itself. (...)
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  4.  8
    Sex, Reasons, Pro Tanto Wronging, and the Structure of Rape Liability.Kate Greasley - forthcoming - Criminal Law and Philosophy:1-21.
    Some recent scholarship in the philosophy of criminal law has claimed that sexual penetration ‘per se’—meaning, consensual or otherwise—is pro tanto morally wrong, or that there exist ‘general reasons’ against it. On such a view, penetrative sex is only ever at best justified wrongdoing. When paired with an influential view about the theoretical basis of the offence-defence distinction in criminal law, the apparent implication is that sexual penetration alone ought to constitute the actus reus of rape, with the question (...)
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  5.  24
    Sexual Offences and General Reasons Not to Have Sex.Jesse Wall - 2015 - Oxford Journal of Legal Studies 35 (4):777-798.
    This article contends that there are general reasons not to engage in penetrative sex. If there are such reasons, then we are able to refute a predominant justification for the current drafting of the crimes of rape and assault by penetration. The implication is that for such crimes the provision of consent ought to be available as a justificatory defence rather than the absence of consent being an element of the offence. This argument is developed out of three propositions (...)
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  6.  35
    Constructing the Subject of Prostitution: A Butlerian Reading of the Regulation of Sex Work.Anna Carline - 2011 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):61-78.
    The Policing and Crime Act 2009 introduced radical reforms relating to the regulation of sex work. In particular, section 14 criminalised paying for sexual services of a prostitute subjected to force. This article will provide a close and critical reading of the official texts relating to this new offence through a discourse theory developed from the work of Judith Butler. Drawing upon Butler’s insights, it will be argued that the official texts relating to section 14 problematically construct the subject (...)
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  7. The WroNGNeSS oF SeX WiTh ANiMALS.Tony Milligan - 2011 - Public Affairs Quarterly 25 (3):241-256.
    For sexual purposes, animals are off limits. But if we regard attributions of species membership as unimportant in familiar ethical contexts, then it may be difficult to explain why this is the case. Someone who is unimpressed by appeals to species membership as a basis for favoring humans over non-humans may remain similarly unimpressed by such appeals when sex becomes an issue. Species barriers may seem to be beside the point. Peter Singer’s attitude toward human sexual relations with non-humans leans (...)
     
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  8.  25
    Ordinary Folk and Cottaging: Law, Morality, and Public Sex.Paul Johnson - manuscript
    The Sexual Offences Act 2003 introduced a new statutory offence of "sexual activity in a public lavatory" into English law. Although written as a gender-neutral offence, the statute was formulated and enacted on the basis of concerns about male homosexual sexual activity in public lavatories ("cottaging"). This paper examines the justifications for, and implications of, the legislation. It considers the main arguments made in support of the offence and situates these within established moral, legal, and social debates (...)
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  9.  62
    Health Benefits of Legal Services for Criminalized Populations: The Case of People Who Use Drugs, Sex Workers and Sexual and Gender Minorities.Joanne Csete & Jonathan Cohen - 2010 - Journal of Law, Medicine and Ethics 38 (4):816-831.
    Criminalization is a form of social marginalization that is little appreciated as a determinant of poor health. Criminalization can be understood in at least two ways — in the narrow sense as the imposition of criminal penalties for a certain behavior, and more broadly as the conferral of a criminalized status on all individuals in the population, whether proven guilty of a specific offense or not. Both criminal penalties and criminalized status threaten the mental and physical health of these populations (...)
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  10.  28
    Ignorance is Bliss? HIV and Moral Duties and Legal Duties to Forewarn.R. Bennett - 2000 - Journal of Medical Ethics 26 (1):9-15.
    In 1997, a court in Cyprus jailed Pavlos Georgiou for fifteen months for knowingly infecting a British woman, Janet Pink, with HIV-1 through unprotected sexual intercourse. Pink met Georgiou in January 1994 whilst on holiday. She discovered that she had contracted the virus from him in October 1994 but continued the relationship until July 1996 when she developed AIDS. She returned to the UK for treatment and reported Georgiou to the Cypriot authorities.1There have been a number of legal cases involving (...)
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  11.  4
    Legal Moralism, Overinclusive Offenses, and the Problem of Wrongfulness Conflation.Stuart P. Green - 2020 - Criminal Law and Philosophy 14 (3):417-430.
    In the Realm of Criminal Law, Antony Duff seeks to defend the view that we should criminalize conduct only if it is wrongful. Skeptics of legal moralism argue that this occurs all the time in supposedly overinclusive offenses whose definitions capture not only the kind of conduct that constitutes the target wrong, but also a wider class of conduct that is not wrongful prior to prohibition. An example is statutory rape. Duff, in response, contends that such offenses need not violate (...)
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  12.  18
    The Language of Ravishment in Medieval England.Caroline Dunn - 2011 - Speculum 86 (1):79-116.
    Two pillars of medieval English literature, Chaucer and Malory, stand accused by posterity as criminals, yet scholars remain perplexed about the nature of their crimes over five centuries later. Some convict them of the heinous offense of sexually assaulting a woman against her will, while others believe them guilty of no more than seduction or consensual sex. The allegation against Malory has even been reframed to portray him as a knight in shining armor rescuing a damsel in distress; thus instead (...)
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  13. No Pain, No Gain: Strategic Repulsion and The Human Centipede.Steve Jones - 2013 - Cine-Excess E-Journal 1 (1).
    Tom Six’s The Human Centipede (First Sequence) (2009) and The Human Centipede II (Full Sequence) (2011) are based on a disturbing premise: people are abducted and stitched together mouth-to-anus. The consequent combinations of faeces and bloodshed, torture and degradation have been roundly vilified by the critical press. Additionally, the sequel was officially banned or heavily censored in numerous countries. This article argues that these reactive forms of suppression fail to engage with the films themselves, or the concepts (such as disgust (...)
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  14.  63
    Can a Woman Rape a Man and Why Does It Matter?Natasha McKeever - 2019 - Criminal Law and Philosophy 13 (4):599-619.
    Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: it is physically impossible for a woman to rape a man; it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; rape is a gendered crime. I argue that, (...)
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  15.  4
    Can a Woman Rape a Man and Why Does It Matter?Natasha McKeever - 2019 - Criminal Law and Philosophy 13 (4):599-619.
    Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: it is physically impossible for a woman to rape a man; it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; rape is a gendered crime. I argue that, (...)
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  16. Offense to Others.Bernard Gert - 1987 - Philosophy and Phenomenological Research 48 (1):147-153.
    The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound (...)
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  17.  21
    Brain Mechanisms for Offense, Defense, and Submission.David B. Adams - 1979 - Behavioral and Brain Sciences 2 (2):201-213.
  18.  59
    No Offense! On the Offense Principle and Some New Challenges.Thomas Søbirk Petersen - 2016 - Criminal Law and Philosophy 10 (2):355-365.
    A central aim within criminal justice ethics is to give a plausible justification concerning which type of acts ought to be criminalized by the state. One of the principles of criminalization which has been presented and critically discussed in the philosophical literature is the Offense Principle. The primary aim of this paper is to argue that unless a rather special and implausible objective list theory of well-being is accepted, the Offense Principle should be subsumed in the Harm Principle.
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  19.  14
    Offense and Defense Vs. Rage and Fear: A Matter of Semantics?Jaak Panksepp - 1979 - Behavioral and Brain Sciences 2 (2):225-226.
  20. Profound Offense and Cultural Appropriation.James O. Young - 2005 - Journal of Aesthetics and Art Criticism 63 (2):135–146.
  21.  63
    Offense to Others: The Moral Limits of the Criminal Law.Joel Feinberg - 1989 - Philosophical Review 98 (2):239-242.
  22.  20
    Offence and Virtue Ethics.Gregory Mellema - 1991 - Canadian Journal of Philosophy 21 (3):323 - 329.
    In his 1963 essay ‘Supererogation and Offence: A Conceptual Scheme for Ethics,’ Roderick Chisholm describes a category of human acts which he calls ‘offences’:A system of moral concepts which provides a place for what is good but not obligatory, should also provide a place for what is bad but not forbidden. For if there is such a thing as “non-obligatory well-doing” then it is plausible to suppose that there is also such a thing as “permissive ill-doing.” There is no (...)
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  23.  68
    This Sex Which Is Not One.Luce Irigaray - 1985 - Cornell University Press.
    In eleven acute and widely ranging essays, Irigaray reconsiders the question of female sexuality in a variety of contexts that are relevant to current discussion of feminist theory and practice.
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  24. Sex Differences in Human Mate Preferences: Evolutionary Hypotheses Tested in 37 Cultures.David M. Buss - 1989 - Behavioral and Brain Sciences 12 (1):1-14.
    Contemporary mate preferences can provide important clues to human reproductive history. Little is known about which characteristics people value in potential mates. Five predictions were made about sex differences in human mate preferences based on evolutionary conceptions of parental investment, sexual selection, human reproductive capacity, and sexual asymmetries regarding certainty of paternity versus maternity. The predictions centered on how each sex valued earning capacity, ambition— industriousness, youth, physical attractiveness, and chastity. Predictions were tested in data from 37 samples drawn from (...)
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  25. Supererogation and Offence: A Conceptual Scheme for Ethics.R. M. Chisholm - 1963 - Ratio (Misc.) 5 (1):1.
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  26. The Offense of Socrates: A Re-Reading of Plato's Apology.Eva Brann - 1978 - Interpretation 7 (2):1-21.
     
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  27.  92
    Offense and the Liberal Conception of the Law.Anthony Ellis - 1984 - Philosophy and Public Affairs 13 (1):3-23.
  28. Rethinking the Offense Principle.A. P. Simester & Andrew von Hirsch - 2002 - Legal Theory 8 (3):269-295.
    This paper explores the Offence Principle. It discusses whether two constraints, additional to the criteria stated in conventional analysis, ought to be met before the Offense Principle can be satisfied: (i) that offensive conduct must be a wrong, and (ii) that the conduct must also lead to harm. The nature of the Harm Principle, and its relationship to the Offense Principle, are also considered. The paper suggests that, even if all cases in which offense should be criminalized also involve (...)
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  29. Sex, Lies, and Consent.Tom Dougherty - 2013 - Ethics 123 (4):717-744.
    How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.
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  30. Offense to Others: The Moral Limits of the Criminal Law, Vol. 2.Joel Feinberg - 1986 - Law and Philosophy 5 (1):113-120.
     
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  31.  45
    Explanatory Judgment, Moral Offense and Value-Free Science.Matteo Colombo, Leandra Bucher & Yoel Inbar - 2016 - Review of Philosophy and Psychology 7 (4):743-763.
    A popular view in philosophy of science contends that scientific reasoning is objective to the extent that the appraisal of scientific hypotheses is not influenced by moral, political, economic, or social values, but only by the available evidence. A large body of results in the psychology of motivated-reasoning has put pressure on the empirical adequacy of this view. The present study extends this body of results by providing direct evidence that the moral offensiveness of a scientific hypothesis biases explanatory judgment (...)
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  32. How to Take Offense: Responding to Microaggression.Regina Rini - 2018 - Journal of the American Philosophical Association 4 (3):332-351.
    A microaggression is a small insulting act made disproportionately harmful by its part in an oppressive pattern of similar insults. How should you respond when made the victim of a microaggression? In this paper I survey several morally salient factors, including effects upon victims, perpetrators, and third parties. I argue, contrary to popular views, that ‘growing a thicker skin’ is not good advice nor is expressing reasonable anger always the best way to contribute to confronting oppression. Instead, appropriately responding to (...)
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  33.  62
    The Offense of Reason and the Passion of Faith: Kierkegaard and Anti-Rationalism.Karen L. Carr - 1996 - Faith and Philosophy 13 (2):236-251.
    This essay considers and rejects both the irrationalist and the supra-rationalist interpretations of Kierkegaard, arguing that a new category---Kierkegaard as “anti-rationalist”---is needed. The irrationalist reading overemphasizes the subjectivism of Kierkegaard’s thought, while the suprarationalist reading underemphasizes the degree of tension between human reason and Christian faith. An anti-rationalist reading, I argue, is both faithful to Kierkegaard’s metaphysical and alethiological realism, on the one hand, and his emphasis on the continuing opposition between reason and faith, on the other, as manifested in (...)
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  34. From Sex Robots to Love Robots: Is Mutual Love with a Robot Possible?Sven Nyholm & Lily Frank - forthcoming - In John Danaher & Neil McArthur (eds.), Robot Sex: Social Implications and Ethical. Cambridge, MA: MIT Press.
    Some critics of sex-robots worry that their use might spread objectifying attitudes about sex, and common sense places a higher value on sex within love-relationships than on casual sex. If there could be mutual love between humans and sex-robots, this could help to ease the worries about objectifying attitudes. And mutual love between humans and sex-robots, if possible, could also help to make this sex more valuable. But is mutual love between humans and robots possible, or even conceivable? We discuss (...)
     
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  35.  14
    Offense-Defense Aspects of Nanotechnologies: A Forecast of Potential Military Applications.Calvin Shipbaugh - 2006 - Journal of Law, Medicine and Ethics 34 (4):741-747.
    Potential military applications of nanotechnology will evolve in the next few decades. The implications for both defense and offense should be carefully assessed. Nanotechnology can push major changes in stability, and shape the consequences of future conflict.
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  36.  74
    Taking Offence.J. Shand - 2010 - Analysis 70 (4):703-706.
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  37.  62
    Sex Differences in Human Brain Asymmetry: A Critical Survey.Jeannette McGlone - 1980 - Behavioral and Brain Sciences 3 (2):215-227.
  38. Robot Sex and Consent: Is Consent to Sex Between a Robot and a Human Conceivable, Possible, and Desirable?Lily Frank & Sven Nyholm - 2017 - Artificial Intelligence and Law 25 (3):305-323.
    The development of highly humanoid sex robots is on the technological horizon. If sex robots are integrated into the legal community as “electronic persons”, the issue of sexual consent arises, which is essential for legally and morally permissible sexual relations between human persons. This paper explores whether it is conceivable, possible, and desirable that humanoid robots should be designed such that they are capable of consenting to sex. We consider reasons for giving both “no” and “yes” answers to these three (...)
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  39. Offence on the Internet.John Weckert - 1998 - In Simon Rogerson & Terrell Ward Bynum (eds.), Computer Ethics and Professional Responsibility. Malden, USA: Wiley-Blackwell. pp. 327-340.
     
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  40. Sex and Circumcision.Brian D. Earp - 2015 - American Journal of Bioethics 15 (2):43-45.
    What are the effects of circumcision on sexual function and experience? And what does sex—in the sense related to gender—have to do with the ethics of circumcision? Jacobs and Arora (2015) give short shrift to the first of these questions; and they do not seem to have considered the second. In this commentary, I explore the relationship between sex (in both senses) and infant male circumcision, and draw some conclusions about the ongoing debate regarding this controversial practice.
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  41. Antioch's “Sexual Offense Policy”: A Philosophical Exploration.Alan Soble - 1997 - Journal of Social Philosophy 28 (1):22-36.
  42. Is Sex Binary?Alex Byrne - 2018 - Arc Digital (nov 1).
    Response to Anne Fausto-Sterling's New York Times Op-Ed, in which she purports to explain why sex isn't binary.
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  43. Evaluating Arguments for the Sex/Gender Distinction.Tomas Bogardus - 2020 - Philosophia 48 (3):873-892.
    Many philosophers believe that our ordinary English words man and woman are “gender terms,” and gender is distinct from biological sex. That is, they believe womanhood and manhood are not defined even partly by biological sex. This sex/gender distinction is one of the most influential ideas of the twentieth century on the broader culture, both popular and academic. Less well known are the reasons to think it’s true. My interest in this paper is to show that, upon investigation, the arguments (...)
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  44.  60
    Sex Selection in India: Why a Ban is Not Justified.Aksel Braanen Sterri - 2020 - Developing World Bioethics 20 (3):150-156.
    When widespread use of sex‐selective abortion and sex selection through assisted reproduction lead to severe harms to third parties and perpetuate discrimination, should these practices be banned? In this paper I focus on India and show why a common argument for a ban on sex selection fails even in these circumstances. I set aside a common objection to the argument, namely that women have a right to procreative autonomy that trumps the state's interest in protecting other parties from harm, and (...)
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  45. Is Sex Socially Constructed?Alex Byrne - 2018 - Arc Digital (nov 30).
    Three arguments for the thesis that sex is socially constructed are examined and rejected. No such argument could succeed, because sex is not socially constructed.
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  46. Sex and Death: An Introduction to Philosophy of Biology. [REVIEW]Mohan Matthen - 2002 - Philosophical Books 43 (1):78-80.
  47.  8
    Offense-Defense Aspects of Nanotechnologies: A Forecast of Potential Military Applications.Calvin Shipbaugh - 2006 - Journal of Law, Medicine and Ethics 34 (4):741-747.
    There is growing recognition of the need to understand societal impacts of nanotechnology. Global interest in nanotechnology implies many nations will see a need to seek out advantages for military use. Militarization will inevitably include consideration of both offensive and defensive goals. This presents emerging implications for military forces in the near future, and will greatly influence the nature of warfare and peacekeeping in the distant future. The development of nanotechnology creates possibilities for both beneficial opportunities and adverse consequences as (...)
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  48. Robot Sex. Social and Ethical Implications.John Danaher & Neil McArthur - 2017 - MIT Press.
    Sexbots are coming. Given the pace of technological advances, it is inevitable that realistic robots specifically designed for people's sexual gratification will be developed in the not-too-distant future. Despite popular culture's fascination with the topic, and the emergence of the much-publicized Campaign Against Sex Robots, there has been little academic research on the social, philosophical, moral, and legal implications of robot sex. This book fills the gap, offering perspectives from philosophy, psychology, religious studies, economics, and law on the possible future (...)
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  49.  15
    Sex Robot Fantasies.Robert Sparrow - 2021 - Journal of Medical Ethics 47 (1):33-34.
    Nancy Jecker is right when she says that older persons ought not to be ashamed if they wish to remain sexually active in advanced old age. She offers a useful account of the role that sexuality plays in supporting key human capabilities. However, Jecker assumes an exaggerated account of what sex robots are likely to be able to offer for the foreseeable future when she suggests that we are obligated to make them available to older persons with disabilities. Moreover, whether (...)
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  50. Same-Sex Marriage and Equality.Reginald Williams - 2011 - Ethical Theory and Moral Practice 14 (5):589-595.
    Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an important right that opposite-sex couples enjoy—i.e., the right (...)
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